STANDARD TERMS AND CONDITIONS OF SALE FOR PRODUCTS AND SERVICES
All purchase orders are accepted subject to our Standard Conditions of Sale reproduced below, which apply to and govern all quotations, sales and deliveries of goods, materials, services, hire of plant and other products (hereinafter called Products), by the Company or its representatives to any individual Firm, Company or other person (hereinafter called the Buyer), to the exclusive of all and any standard terms of the Buyer and all or any of the conditions, warranties or terms otherwise implied or expressed. In the event a specific contract is in place, this will supersede our Standard Conditions of Sale reproduced below.
The giving of an order by the Buyer to the Company for any product shall constitute an unqualified acceptance by the Buyer that if the Company accepts the order, the hire, sale, supply or delivery of such products by the Company will be governed solely by these Conditions of Sale. No variation of these conditions of Sale, no oral stipulations or representations shall be binding on the Company, unless expressly agreed to in writing and signed by a Director of the company on its behalf.
QUOTATIONS
Unless otherwise expressly stipulated, quoted prices are liable to change in the event of any alteration in the manufacturer’s prices, materials, labour sub-contract and transportation costs due to any cause beyond our control during the continuance of the contract.
Stated prices are exclusive of all Value Added Taxes or Duties and will be charged at the rate applicable on the date of invoice.
DELIVERY
The Company shall make all reasonable efforts to meet quoted delivery dates. Time shall not be the essence and we shall not be liable for late or incorrect delivery, howsoever caused. We reserve the right to deliver by installments. The Buyer shall inspect all goods on delivery. The Company reserves the right to refuse claims for non-delivery, damaged goods or shortages, if the Buyer fails to take the following actions.
i. Buyer shall endorse Carriers note appropriately. ii. Buyer shall advise the Company immediately by telephone 0118 978 1419. iii. Buyer shall send full particulars of claim to the Company in writing within 3 days after delivery.
In case of non-delivery of whole consignment, Buyer shall advise the Company within 3 days after date of invoice. The Buyer shall be bound to pay for all goods, notwithstanding any alleged non delivery or shortage of goods if the foregoing conditions have not been complied with.
INSTALLATION
a) The company reserves the right to sub-contract the installation of the goods or the performance of any other services required under the contract.
i) ensure that the site is safe and make all necessary preparations to the site by such date as may be specified in the contract or reasonably required by the company.
ii) provide suitable access to and possession of the site, suitable protection of the goods from the time of delivery and all facilities required to enable the company to perform its obligations, and installation.
iii) indemnify the company against any loss or damage suffered by the company; it’s employees, agents and sub-contractors in relation to paragraphs a) and b) above.
PROPERTY AND GOODS
a) The Goods shall be at the Buyers risk from the time of delivery or receipt of same.
b) Notwithstanding delivery, the Goods sold remain the absolute property of the seller, until payment of all amounts involved to the Buyer in respect of the goods has been made.
c) The intending Buyer acknowledges that until such time as payment is made, it is in possession of Goods solely as Baillie for the Company and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the company’s representatives.
d) In the circumstances where the goods are delivered to an address specified by the Buyer and are not paid for, the Company shall be entitled to enter upon the premises of the Buyer with such transport as necessary and repossess the goods to which it has title hereunder.
e) In no circumstances shall any Goods be returned to the Company without prior written consent.
f) The Buyer shall be at liberty to sell or use the Products in the ordinary course of business, but the Company may revoke this power by notice to the Buyer if the Buyer defaults in payment of the whole or part of the purchase price of the Products.
g) The Buyers power of sale or use automatically ceases and full title of all unpaid products reverts to the seller if;
i) a Receiver is appointed over any of the assets or;
ii) the undertaking of the Buyer or;
iii) a Winding-up Order is made against the Buyer or;
iv) the Buyer goes into Liquidation or;
v) calls a Meeting and/or makes any arrangements or composition with Creditors or;
vi) commits any act of Bankruptcy or;
vii) allows execution to be levied against it or its goods.
DESCRIPTIONS AND DRAWINGS
No pre-contract representation of any kind shall create any liability on the company’s part unless expressly incorporated in the contract.
Unless expressly stated drawings submitted with corresponding quotation shall not be binding as to detail
Drawings and specifications are confidential and shall remain the sole property of Mobius At Work. All of its contents are protected under the Copyright, Designs and Patents Act 1988.
All copyright, design rights and intellectual property rights remain the property of Mobius At Work. They shall not be reproduced (in whole or in part), shared with third parties or used in any way on other projects or extensions to this project without prior written consent of Mobius At Work.
These drawings and specifications are intended to express design intent (which is subject to change at any time) and no not necessarily reflect actual site conditions.
We reserve the right to charge design fees; this is at the discretion of the Company.
WARRANTY
The Company warrants that the Goods shall at the time of delivery correspond to the published specifications when used for the purposes for which Goods of that type are normally used and to be stored per normal industrial quality.
Although the Company uses every effort to ensure that all products are manufactured or supplied to specification, it is in all cases including repeat orders, for the Buyer to ensure by adequate tests or otherwise that the Goods are fit and suitable for the purposes for which the Buyer requires them, in specific conditions, and on the specific substrates in which they will be used or applied and to be within such reasonable tolerance and variants as are generally acceptable within the industry.
If any of the products are proved to be defective, the Company’s entire liability hereunder shall be strictly limited to:
a) the replacement at the seller’s expense of any products which are proved to the seller’s satisfaction to be defective: or
b) take back the products found not to conform to the warranty and return the total to the purchase price.
The Liability of the Company under the foregoing is conditional upon;
a) The Buyer conforming to the delivery conditions.
b) The Buyer advising the Company immediately by telephone 0118 978 1419 of the alleged defect.
c) The Buyer giving written notice to the Company within 3 days of the alleged defect and in any event within 10 days of receipt of Products.
d) The Buyer affording the Company reasonable opportunity to inspect the Products, application and site conditions.
e) The Buyer making no further use of the Products that are alleged to be defective after the time at which the Buyer discovered to ought to have discovered the alleged defect.
While the Company will use its best endeavours to give instructions, recommendations and advice to a Buyer in respect of storage, application and use of the Products, it shall be the responsibility of the Buyer to satisfy himself that the intended application of the Products is suitable in each particular application and use.
Save as stated above, all Conditions and Warranties expressed or implied whether by Statute, Common Law or otherwise as to the Conditions or fitness for any purpose of the products are hereby expressly excluded and the Company shall be under no liability for any direct or sub sequential loss or damage howsoever arising, which may be suffered by the buyer by reason of any defect in or failure to perform on the part of the Product.
The liability of the Company under this Contract shall be limited to any defects, which appear in the course of normal usage and application, during the period of 12 months from the date of delivery to the Buyer.
LIABILITY FOR ACCIDENTS AND DAMAGE
If the Company, its Agents or Sub-Contractors are on site for the purpose of the Contract, then the Company will indemnify the Buyer against direct damage or injury to the Buyers property or to the Buyer, occurring whilst the company are working on site to the extent caused by the negligence only of the Company its Agents or Sub-Contractors but otherwise, by making good such damage to property or compensating personal injury. Providing that;
a) The total liability of the Company for damage to property including damage caused by our breach of contract, test or statutory duty shall not exceed £100,000.
b) The Company shall not be liable for any loss of profit of consequential loss howsoever caused.
c) The Company shall not be liable for any damage or injury occurring after completion of work by the Company or its Agents or Sub-Contractors on site.
GOVERNING LAW
The Agreement will be governed by and construed in accordance with English Law. The Buyer irrevocably submits in respect of all matters and disputes arising out of this Agreement to the exclusive jurisdiction of the English Courts.
PAYMENT
An initial deposit of 25% of the order value will be required with acceptance of any fit-out quotation.
Stage payments on a project progress basis will be charged net account (including full cost of all items delivered to the site).
Unless the Company otherwise states in writing, payment is due in full within 30 days of the date of invoice in respect of the relevant Products or Services.
Payment should be made to Mobius At Work Ltd in sterling.
If the Buyer fails to make payment in full in accordance with the terms set herein, the Company reserves the right to cancel or suspend any further delivery of Products or supply of Services and to make an additional charge of interest on the monies outstanding, at the rate of 2% per month above the base lending rate of the Bank of England from the date of invoice.
If at any time the credit standing of the Buyer has in the opinion of the Seller been impaired, the Company may refuse delivery of Products required.
CANCELLATION OF ORDERS
Orders for Products and/or Services may not be cancelled once ordered. Any cancellation or suspension of an order which the Company does agree to shall be on the condition that the Buyer shall indemnify the Company against any loss incurred wholly by the cancellation or suspension.
RETURN OF GOODS
Goods are manufactured to the Buyer’s specification and therefore cannot be returned. There shall be no liability on the Company to accept returned goods. This does not affect products that are damaged or defective. Please refer to the relevant “Warranty” Terms.
EXPORT
Without prejudice to these Conditions of Sale, products for export shall be at the Buyers risk from the time of collection by the Freight Carrier from the Company’s premises.
All prices quoted will be exclusive of all Taxes, Duties and Insurance, Packing and freight, unless otherwise expressly quoted for in writing, and any other costs incurred by the Company but not included in the price of products.
The Uniform Law on International Sales shall not apply to this contract.
The terms of payment shall be specified in writing by the Company. Where the prices quoted are in any currency other than Sterling, these prices are based on the relevant exchange rate of the currency concerned ruling on the date of quotation and the Company reserves the right to vary the prices if there should be any change incurred in the rate at the time of dispatch.
ATTENDANCES
The price has been calculated solely on the basis of the information provided within your inquiry.
The installation should be carried out in a condition as near as practicable to the subsequent operational environment.
The costings are based on clear working areas uninterrupted by other trades.
We reserve the right to alter or improve our products whilst guaranteeing that such alteration or improvement will not lower the performance specification. All power and services to be provided on site.
GUARANTEES
a) The company guarantees all workmanship and equipment for a period of 1 year. Subject to reasonable cleaning and maintenance being carried out. The manufacturers’ guarantee will continue to apply to all items supplied by us but manufactured by others. We guarantee an extension to the manufacturers’ guarantee to include free replacement of these items including labour for the 12 months following the date of purchase. Note that this guarantee will be invalidated in the event of removal of any part of the installation prior to our staff having reasonable opportunity to investigate the cause of failure.
a) Subject to the provisions of section 1(1) of the Unfair Contract Terms Act 1977.
i) the company’s liability in all cases is limited to the replacement free of charge or at its option to making a fair cash allowance not exceeding the invoice value of goods.
ii) the company’s liability will not extend in any circumstance to consequential loss or damage whatsoever and howsoever incurred.
COMPLIANCE WITH LAW AND GOVERNMENT REGULATIONS
It is the buyer’s responsibility to ensure that he has complied with every necessary license, permit or authority that may be legally required in connection with the contract.
DATA PROTECTION
When providing the Goods or Services to the buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.
The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. For any enquiries or complaints regarding data privacy, please get in touch.
ARBITRATION
All disputes or differences shall be referred for arbitration to an independent solicitor acting as an expert who shall be appointed by agreement between the parties or failing agreement appointed by agreement between the parties of failing agreement appointed on the requisition of either party by the President of the Law Society for the time being under the provisions of the Arbitration Act 1950 to 1979 and any Act amending or replacing the same.
FORCE MAJEURE
The Company shall not be liable for any loss or damage caused by delay in its performance or non-performance of any of its obligations hereunder, where the same is occasioned by any cause whatsoever that is beyond the Company’s control. Should any such event occur, the Company may cancel or suspend any Contract without incurring any liability for any loss or damage hereby occasioned.
GENERAL
These terms and conditions of business shall be incorporated into each contract made between Mobius At Work and the client. No variation of these terms and conditions shall be valid unless approved in writing by a Director of Mobius At Work.